CHICAGO -- A Chicago woman who fell to the floor when her chair at McDonald's broke has sued McDonald's and the manufacturer of the chair in a complaint filed in the Circuit Court of Cook County.
The plaintiff, Delia Cervantes, alleges that as she sat at the "Rock & Roll" McDonald's restaurant at 600 N. Clark Street in Chicago, her chair collapsed and caused her to sustain personal injuries, incur medical bills, and caused her "to be absent from her usual pursuits for a period of time."
The incident allegedly occurred on June 1, 2005 and the suit was filed on June 1, 2007 – just as the statute of limitations was set to expire on her claim.
Cervantes alleges specifically that the restaurant "failed to provide a proper chair for patron to sit on" and failed to inspect or repair the defective seat. Count I of the suit names McDonald's Restaurant of Illinois, Inc., and Count II names the McDonald's corporation itself. Count III names Wright Management, Inc., the managers of the building where the incident allegedly occurred.
Count IV names Cherner Chair Company, the manufacturers of the sit upon which Cervantes fell. Cervantes alleges that Cherner manufactured and sold the chairs such as hers in an unsafe and unreasonably dangerous condition. The plaintiff seeks amounts in excess of $50,000 from each named defendant.
Cervantes is represented by Stephen J. McMullen, a Chicago plaintiff's attorney with significant experience in personal injury and premises liability litigation. In 2005, McMullen filed suit on behalf of a plaintiff that tripped on a rug at a Wickes Furniture store in Niles, Ill. A verdict for the defendant was rendered in July 2006.
In May 2007, McMullen filed suit against the CVS pharmacy chain after one of its ATMs allegedly became unsecured and injured a plaintiff in Orland Park, Ill. The CVS suit is still pending in Cook County.
McMullen, who has practiced in Illinois since 1976, has also handled various medical malpractice and employment discrimination actions in Illinois and Wisconsin.
According to the Illinois Attorney Registration and Disciplinary Commission, McMullen is registered for 2007 but does not carry malpractice insurance.
The suit against McDonald's is currently before Judge Ronald S. Davis in the Circuit Court of Cook County.
McDonald's has not yet filed an appearance or answer to the complaint.
Meanwhile, the Cherner Chair Company had its motion for a protective order granted by Judge Davis on July 13. The next hearing date on the matter is scheduled for Sept. 25, 2007.